What happens if a nearest relative requests to discharge a patient on S3 but there has been no response?

Law and practice Mental Health Act
1

Him

I would like to ask what would be the outcome to the following:

Nearest relative has requested to discharge a patient on section 3, yet there has not been a response or formal confirmation of this being allowed or blocked.

What would the status be of the patient and would no response be the case that the consultant has not blocked the request?

Thank you.

2

Hi Chris. Have 72 hours lapsed since the letter of discharge was furnished

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From the point of receipt (by someone authorised to receive the discharge letter), the RC has 72 hours. Regardless of whether the RC has had time to consider, if the RC has not submitted a report barring the discharge, within the 72 hours, the patient automatically becomes ‘informal’ at the 72nd hour, and is legally free to leave.

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As long as the requirements of serving the discharge notice have been met then in the absence of a barring order being completed before that 72 hour notice period comes to an end the patient would be informal.

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5

Yes it has been over 72 hours

6

So would the patient be allowed to leave technically if no response has been given in the last 2 weeks?

7

Thank you.
Can the RC barr the letter after 72 hours if he or she so chooses?

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Must be done within the 72 hour period

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And if not? What is the patient allowed to do?

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The potential problems are that the discharge notice needs to have been correctly 'served’on the hospital and there is some case law about this. Also the nearest relative needs to be the correct NR in accordance with s 26 MHA and there is also case law about this.
This is why it is always best to seek legal advice before serving a discharge notice and it will be best to seek legal advice now so that a lawyer can look at the particular facts.

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